The Criminal Law Consolidation and Amendment Acts of 1869, 32-33 Vict., for the Dominion of Canada, Volume 2Lovell, 1875 - Criminal law |
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Page 6
... evidence of any one credible witness other than the plaintiff or party interested ; and if no other provi- sion be made for the appropriation of such penalty or forfeiture , one half thereof shall belong to the Crown , and the other ...
... evidence of any one credible witness other than the plaintiff or party interested ; and if no other provi- sion be made for the appropriation of such penalty or forfeiture , one half thereof shall belong to the Crown , and the other ...
Page 57
... evidence whatever was offered to them , it may well be presumed that a change in the venue was not allowable under any circumstances . The rule must then invariably , inflexibly , have been that the venue should always be laid in the ...
... evidence whatever was offered to them , it may well be presumed that a change in the venue was not allowable under any circumstances . The rule must then invariably , inflexibly , have been that the venue should always be laid in the ...
Page 86
... for felony only , and it is the same thing as if he had been convicted upon an indict- ment containing that single count ; and it is allowed that there was abundant evidence to warrant that con- viction 86 THE CRIMINAL STATUTE LAW .
... for felony only , and it is the same thing as if he had been convicted upon an indict- ment containing that single count ; and it is allowed that there was abundant evidence to warrant that con- viction 86 THE CRIMINAL STATUTE LAW .
Page 87
Canada, Sir Henri Elzéar Taschereau. that there was abundant evidence to warrant that con- viction . There is not the smallest pretence for the objection , that the indictment also contained a count for misdemeanor , and it does not ...
Canada, Sir Henri Elzéar Taschereau. that there was abundant evidence to warrant that con- viction . There is not the smallest pretence for the objection , that the indictment also contained a count for misdemeanor , and it does not ...
Page 89
... evidence , or in which it may be seen in point of law , and it is said in Archbold , p . 72 : " Although a prosecutor is not , in general , permitted to charge a defendant with different felonies in differents counts , yet he may charge ...
... evidence , or in which it may be seen in point of law , and it is said in Archbold , p . 72 : " Although a prosecutor is not , in general , permitted to charge a defendant with different felonies in differents counts , yet he may charge ...
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Common terms and phrases
acquitted Act respecting aforesaid alleged allowed amendment appears apprehended Archbold arraigned assault attempt to commit autrefois autrefois acquit averment benefit of clergy Canada cause Chitty clause common law constable corruption of blood counsel County or District county or place Court of Queen's crime Crown custody death defect defendant dictment enacted evidence fact false pretences felony or misdemeanor gaol given Greaves grievous bodily harm guilty held Imperial Statutes imprisonment indictable offence Judge jurisdiction jurors Justice Lady the Queen Larceny Act magistrate malice malice aforethought Manitoba manslaughter ment misde Montreal murder Nova Scotia oath offence charged panel party peremptory challenges perjury plea plead previous conviction prisoner Procedure Act prosecution prosecutor proved punishment Quarter Sessions quashed Queen's Bench reason sentence Sheriff stealing stolen subsequent offence summary conviction sworn taken thereof tion trial tried venue verdict Vict warrant witness words
Popular passages
Page 227 - The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Page 308 - Judge, prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement 4.
Page 105 - ... or vice Versa, nor for that any person mentioned in the indictment is designated by a name of office, or other descriptive appellation, instead of his proper name, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the...
Page 305 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 101 - ... for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened...
Page 102 - ... nor for want of the statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.
Page 251 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Page 413 - English law, had the prisoner been of sound memory, he might have alleged something in stay of judgment or execution.
Page 295 - I, AB, do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare...
Page 307 - If a witness upon cross-examination as to a former statement made by him relative to the subjectmatter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it ; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and lie must be asked whether or not he has made such statement.